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Home My Public Portal AboutFW_ GS #2735 (emanate from the episode at the Gulf Stream Town hall) -3 IPM.Note FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) FW: Marty O'Boyle SMTP meo@commerce-group.com GS #2735 (emanate from the episode at the Gulf Stream Town hall) X-Vipre-Scanned: 0F9416DD01363C0F94182A Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7 via Mailbox Transport; Wed, 10 Jul 2019 21:04:50 -0400 Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7; Wed, 10 Jul 2019 21:04:44 -0400 Received: from 15pmail.ess.barracuda.com (209.222.82.41) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7 via Frontend Transport; Wed, 10 Jul 2019 21:04:43 -0400 Received: from NAM02-CY1-obe.outbound.protection.outlook.com (mail-cys01nam02lp2058.outbound.protection.outlook.com [104.47.37.58]) by mx8.us-east-2a.ess.aws.cudaops.com (version=TLSv1.2 cipher=ECDHE-RSA-AES256-SHA384 bits=256 verify=NO); Thu, 11 Jul 2019 01:04:46 +0000 Received: from BN6PR16MB3235.namprd16.prod.outlook.com (10.255.129.22) by BN6PR16MB1522.namprd16.prod.outlook.com (10.172.208.136) with Microsoft SMTP Server (version=TLS1_2, cipher=TLS_ECDHE_RSA_WITH_AES_256_GCM_SHA384) id 15.20.2052.18; Thu, 11 Jul 2019 01:04:44 +0000 Received: from BN6PR16MB3235.namprd16.prod.outlook.com ([fe80::5d95:d07a:a7ec:5ae0]) by BN6PR16MB3235.namprd16.prod.outlook.com ([fe80::5d95:d07a:a7ec:5ae0%6]) with mapi id 15.20.2052.020; Thu, 11 Jul 2019 01:04:44 +0000 From: Marty O'Boyle <meo@commerce-group.com> To: Renee Basel <RBasel@gulf-stream.org>, Rita Taylor <RTaylor@gulf-stream.org> CC: Greg Dunham <GDunham@gulf-stream.org>, Michelle Melicia <mmelicia@commerce-group.com> Subject: FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Thread-Topic: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Thread-Index: AdU3Xxx3i0fxMG7hQlScLSTgJfAPwgAIUsUw Date: Thu, 11 Jul 2019 01:04:44 +0000 Message-ID: <BN6PR16MB3235CFB6B198B462A4E924D89DF30@BN6PR16MB3235.namprd16.prod.outlook.com> References: <36468427cc98407fae364ae2a7415b25@GSEXCH-1.GulfstreamTH.local> In-Reply-To: <36468427cc98407fae364ae2a7415b25@GSEXCH-1.GulfstreamTH.local> Accept-Language: en-US Content-Language: en-US X-MS-Exchange-Organization-AuthAs: Anonymous X-MS-Exchange-Organization-AuthSource: GSEXCH-1.GulfstreamTH.local X-MS-Has-Attach: yes X-MS-TNEF-Correlator: received-spf: None (protection.outlook.com: commerce-group.com does not designate permitted sender hosts) x-forefront-antispam-report: SFV:NSPM;SFS:(10019020)(136003)(376002)(346002)(39840400004)(396003)(366004)(199004)(189003)(256004)(86362001)(14444005)(5024004)(110136005)(54906003)(316002)(33656002)(99286004)(66476007)(66556008) (66576008)(6506007)(76176011)(64756008)(66446008)(66946007)(53936002)(99936001)(76116006)(236005)(53546011)(102836004)(9686003)(508600001)(7696005)(71200400001)(107886003)(71190400001)(74316002)(6060 06)(81156014)(81166006)(8676002)(186003)(25786009)(5660300002)(446003)(11346002)(450100002)(6436002)(15974865002)(476003)(486006)(7736002)(55016002)(54896002)(3846002)(6116002)(66066001)(6306002)(790 700001)(68736007)(2906002)(26005)(52536014)(8936002)(2473003)(229853002)(14454004)(4326008)(491001);DIR:OUT;SFP:1102;SCL:1;SRVR:BN6PR16MB1522;H:BN6PR16MB3235.namprd16.prod.outlook.com;FPR:;SPF:None;L ANG:en;PTR:InfoNoRecords;A:1;MX:1; x-forefront-prvs: 0095BCF226 dkim-signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=commercegroupinc.onmicrosoft.com; s=selector1-commercegroupinc-onmicrosoft-com; h=From:Date:Subject:Message-ID:Content-Type:MIME-Version:X-MS-Exchange-SenderADCheck; bh=dcSQFEOCMgCydRuXuWJ0FWEkUIrPomw/iguMvI66eOw=; b=UIxFos67ckx4+fIAIdya7kqxbFfGP0K02Qc/KzxCRNh6Ws5z33fTGmg3avkDvsh6upiR6pc1z0KkGh6VBx92KvrwUiFt3vfGHYdGh/n9kndYQvlhol2nahSsuJt7OOUKJCJAbScf6o9C2Bjcj3OueBVwMPXy95lNTQ5CL/A5mmY= authentication-results: spf=none (sender IP is ) smtp.mailfrom=meo@commerce-group.com; x-originating-ip: [72.170.242.156] x-vipre-scanned: 8A6540BB012ABA8A654208 Content-Type: multipart/mixed; boundary="_005_BN6PR16MB3235CFB6B198B462A4E924D89DF30BN6PR16MB3235namp_" MIME-Version: 1.0 Marty O'Boyle SMTP meo@commerce-group.com Gregory Dunham; Michelle Melicia Renee Basel; Rita Taylor O'Boyle GS #2735 (emanate from the episode at the Gulf Stream Town hall) Dear Ms. Basel-thank you for your email below and thank you for your letter of July 10, 2019 which accompanied that email. Please see the attached email. The content of that email "stands! As applies to the Towns "fussing" over what emanate means, your counsel should not have any problem understanding the meaning of the word, as it is a widely used term used by, likely, every Supreme Court in the United States. Further, in this regard, your counsel, Mr. Gil, is an exceedingly great lawyer emanating from a firm with multiple and even more multiple "outstanding" lawyers, one of which, you would think, would have used the word emanate in their life as a lawyer or who would know what it means. I query if Mr. Gil has polled all the other lawyers in his firm, including, other resources he has available, primarily Jones Foster, the Town's other firm. You might want to check in and see whether he did that. Look, I’m hoping that we (including the Town’s lawyers) are all looking to avoid a litigation.. Following, the Town knows what emanate means as well, since they have dealt with it on multiple times in the past. Ironically, it appears that they dealt with it, without litigation without fuss, knowing what it meant, until Mr. Gil came along. Interesting. Considering the above, Ms. Taylor this is where you come in. You are the custodian of record. You have an obligation to fill the request or to deny the request timely and in good faith. The request is simple. In closing, is the town going to fulfill the request or deny it. You are on notice. Please promptly advise. PS: Ms. Basel in the above letter, states that if we want additional records, other than in Judge Kerner's Order, we should state with they are. Responding to the above, I cannot put myself in a position where I could be held accountable by not telling the town all the places to look. That said, and without waiving any of our rights or modifying the request, let me suggest that the town provide the records as in the proposed order submitted by Jonathan O'Boyle. As another example, your counsel stated that the text messages which were attached to your response were gratuitous and not responsive. We believe that that (text) record and all others (including those on the multiple pages attached to the Complaint) which discuss the pending case which emanated from the September 22 event. Again, the request stands. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: Renee Basel <RBasel@gulf-stream.org> Sent: Wednesday, July 10, 2019 4:37 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Good afternoon, Mr. O’Boyle: See attached correspondence. Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www.gulf-stream.org <http://www.gulf-stream.org/> Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. DA7472E8369DBC4C85D4601CACA5829D@namprd09.prod.outlook.com <BN6PR16MB3235CFB6B198B462A4E924D89DF30@BN6PR16MB3235.namprd16.prod.outlook.com> <36468427cc98407fae364ae2a7415b25@GSEXCH-1.GulfstreamTH.local> <36468427cc98407fae364ae2a7415b25@GSEXCH-1.GulfstreamTH.local> Dear Ms. Basel-thank you for your email below and thank you for your letter of July 10, 2019 which accompanied that email. Please see the attached email. The content of that email "stands! As applies to the Towns "fussing" over what emanate means, y Renee Basel Renee Basel EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=3BAA9F04D837426B9ED16B03EC111B7B-RBASEL EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=3BAA9F04D837426B9ED16B03EC111B7B-RBASEL Marty O'Boyle Marty O'Boyle Renee Basel Renee Basel meo@commerce-group.com meo@commerce-group.com rbasel@gulf-stream.org rbasel@gulf-stream.org II=[CID=30f1478b-e16e-5442-9c2d-24e025f00fc2;IDXHEAD=D5375F1C77;IDXCOUNT=2];SBMID=2;S1=<36468427cc98407fae364ae2a7415b25@GSEXCH-1.GulfstreamTH.local>;RTP=DirectChild;TDN=Mismatch;TP=Same;TFR=NotForki ng;Version=Version 15.20 (Build 2157.0), Stage=H1;UP=D0;DP=105 en None (protection.outlook.com: commerce-group.com does not designate permitted sender hosts) GSEXCH-1.GulfstreamTH.local en-US DE6633D611C205CA Anonymous 0F9416DD01363C0F94182A Renee Basel EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=3baa9f04d837426b9ed16b03ec111b7b-rbasel rbasel@gulf-stream.org Renee Basel sip:rbasel@gulf-stream.org Rita Taylor EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=11ad06b858954a429f43154cbc71142b-rtaylor rtaylor@gulf-stream.org Rita Taylor sip:rtaylor@gulf-stream.org Gregory Dunham EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=ce80410cf76c479e9290eb006b21c576-gdunham gdunham@gulf-stream.org Gregory Dunham sip:gdunham@gulf-stream.org Michelle Melicia SMTP mmelicia@commerce-group.com mmelicia@commerce-group.com Michelle Melicia GS #2735 (emanate from the episode at the Gulf Stream Town hall)_prod.pdf TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 10, 2019 Martin E. O’Boyle [meo@commerce-group.com] Re: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which emanate from the episode at the Gulf Stream Town hall on September 22, 2015 involving Martin O’Boyle, which records shall include, without limitation, all E-Mails, phone records, messages, texts, letters, memos and other communications sent by, received by, stored by or created by the “Town of Gulf Stream”. The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its Police Officers its counsel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also, to the extent that there are any redactions in any of the records, we ask that you provide the basis consistent with the request in the prior sentence. Lastly, if the Town needs any clarifications regarding this request, I urge you to alert me promptly, as time is of the essence. Dear Martin E. O’Boyle [meo@commerce-group.com]: The Town of Gulf Stream has received your public records request dated July 2, 2019. You should be able to view your original request at the following link: http://www2.gulf-stream.org/weblink/0/doc/159047/Page1.aspx In our July 5, 2019 letter, the Town noted that your request was nearly identical to a request you made in April 2019, labeled by the Town as GS #2704 and which is currently the subject of a lawsuit you have filed against the Town, pending before the Honorable Judge Scott Kerner. In your July 5, 2019 e-mail, you state: “I am struggling to understand the content of your attached letter. Please let me know promptly if you are refusing to fulfill the request because of the word ‘emanate’.” The Town is not refusing to fulfill your request, and directs you to our July 5, 2019 correspondence. Specifically, the Town noted that: If you seek additional records that are not within the scope of the records previously provided, or that will be provided in response to the anticipated Order by Honorable Judge Scott Kerner, please let us know and we will be happy to provide you with the records you seek. Please let us know what you do not understand in our letter of July 5, 2019. For your convenience, the Town is providing you with the records responsive to your previous request that is in litigation, GS # 2704, which can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/123640/Page1.aspx Please let us know if you seek any additional records that have not been previously provided by the Town. If the Town does not hear from you within 30 days, we will consider this request closed. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records .pdf GS#273~1.pdf GS #2735 (emanate from the episode at the Gulf Stream Town hall)_prod.pdf application/pdf 7AC3B2A813651541BECF02698326CD6B@namprd16.prod.outlook.com EnUs FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) IPM.Note FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) FW: Marty O'Boyle SMTP meo@commerce-group.com GS #2735 (emanate from the episode at the Gulf Stream Town hall) X-Vipre-Scanned: 0F9416CE01363C0F94181B From: Marty O'Boyle <meo@commerce-group.com> To: Renee Basel <RBasel@gulf-stream.org> CC: Michelle Melicia <mmelicia@commerce-group.com> Subject: FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Thread-Topic: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Thread-Index: AdUzZwzEeUteXlfKThy7IZdaL1utyAAAQPSQALgV0nAAD9AF0A== X-MS-Exchange-MessageSentRepresentingType: 1 Date: Tue, 9 Jul 2019 18:58:47 +0000 References: <af6df70ac448495c9eed6a81065e7331@GSEXCH-1.GulfstreamTH.local> <BN6PR16MB323584E844293D1F0A5C86D79DF50@BN6PR16MB3235.namprd16.prod.outlook.com> <BN6PR16MB3235E2DC30E4507656989D589DF10@BN6PR16MB3235.namprd16.prod.outlook.com> In-Reply-To: <BN6PR16MB3235E2DC30E4507656989D589DF10@BN6PR16MB3235.namprd16.prod.outlook.com> Content-Language: en-US X-MS-Has-Attach: yes X-MS-TNEF-Correlator: Content-Type: multipart/mixed; boundary="_004_7575786771757668676675696774697174687767736772667267667_" MIME-Version: 1.0 Marty O'Boyle SMTP meo@commerce-group.com Michelle Melicia Renee Basel GS #2735 (emanate from the episode at the Gulf Stream Town hall) Renee – to avoid any ambiguities, the following is inserted after the word response in the 5 day notice: “providing delivery of all of the responsive records (with the appropriate back up information for (e.g.: redactions, withheld records, etc.)); or denying the request.” Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: Marty O'Boyle Sent: Tuesday, July 9, 2019 7:27 AM To: 'Renee Basel' <rbasel@gulf-stream.org> Cc: 'Michelle Melicia (mmelicia@commerce-group.com)' <mmelicia@commerce-group.com> Subject: FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Renee – I make reference to the request as recited in the attached. Having not heard from you, please allow this correspondence to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days we will institute a formal legal action against you. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com <mailto:meo@commerce-group.com> Web Page: www.commerce-group.com <http://www.commerce-group.com> From: Marty O'Boyle Sent: Friday, July 5, 2019 3:36 PM To: 'Renee Basel' <rbasel@gulf-stream.org <mailto:rbasel@gulf-stream.org> > Cc: 'Michelle Melicia (mmelicia@commerce-group.com <mailto:mmelicia@commerce-group.com> )' <mmelicia@commerce-group.com <mailto:mmelicia@commerce-group.com> > Subject: FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Renee – I am struggling to understand the content of your attached letter. Please let me know PROMPTLY if you are refusing to fulfill the request because of the word “emanate”? Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com <mailto:meo@commerce-group.com> Web Page: www.commerce-group.com <http://www.commerce-group.com> From: Renee Basel <RBasel@gulf-stream.org <mailto:RBasel@gulf-stream.org> > Sent: Friday, July 5, 2019 3:23 PM To: Marty O'Boyle <meo@commerce-group.com <mailto:meo@commerce-group.com> > Subject: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Good afternoon, Mr. O’Boyle: See attached correspondence. Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www.gulf-stream.org <http://www.gulf-stream.org/> Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. AF971CAB5878D649842892926712F08F@namprd09.prod.outlook.com <af6df70ac448495c9eed6a81065e7331@GSEXCH-1.GulfstreamTH.local> <BN6PR16MB323584E844293D1F0A5C86D79DF50@BN6PR16MB3235.namprd16.prod.outlook.com> <BN6PR16MB3235E2DC30E4507656989D589DF10@BN6PR16MB3235.n amprd16.prod.outlook.com> <BN6PR16MB3235E2DC30E4507656989D589DF10@BN6PR16MB3235.namprd16.prod.outlook.com> Renee – to avoid any ambiguities, the following is inserted after the word response in the 5 day notice: “providing delivery of all of the responsive records (with the appropriate back up information for (e.g.: redactions, withheld records, etc.)); or Renee Basel Renee Basel EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=3BAA9F04D837426B9ED16B03EC111B7B-RBASEL EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=3BAA9F04D837426B9ED16B03EC111B7B-RBASEL Marty O'Boyle Marty O'Boyle Renee Basel Renee Basel meo@commerce-group.com meo@commerce-group.com rbasel@gulf-stream.org rbasel@gulf-stream.org II=[CID=5e5e4b79-ca57-1c4e-bb21-975a2f5badc8;IDXHEAD=D533670CC4;IDXCOUNT=4];SBMID=5;S1=<af6df70ac448495c9eed6a81065e7331@GSEXCH-1.GulfstreamTH.local>;RTP=Related;TDN=Mismatch;TP=Same;TFR=NotForking;V ersion=Version 15.20 (Build 2157.0), Stage=H1, REF;UP=D0;DP=105 Renee Basel EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=3baa9f04d837426b9ed16b03ec111b7b-rbasel rbasel@gulf-stream.org Renee Basel sip:rbasel@gulf-stream.org Michelle Melicia SMTP mmelicia@commerce-group.com mmelicia@commerce-group.com Michelle Melicia GS #2735 (emanate from the episode at the Gulf Stream Town hall)_intake.pdf TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 5, 2019 Martin E. O’Boyle [meo@commerce-group.com] Re: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which emanate from the episode at the Gulf Stream Town hall on September 22, 2015 involving Martin O’Boyle, which records shall include, without limitation, all E-Mails, phone records, messages, texts, letters, memos and other communications sent by, received by, stored by or created by the “Town of Gulf Stream”. The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its Police Officers its counsel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also, to the extent that there are any redactions in any of the records, we ask that you provide the basis consistent with the request in the prior sentence. Lastly, if the Town needs any clarifications regarding this request, I urge you to alert me promptly, as time is of the essence. Dear Martin E. O’Boyle [meo@commerce-group.com]: The Town of Gulf Stream has received your public records request dated July 2, 2019. Thank you for your Facilitation Fee of $250.00 by check #50014 on July 2, 2019 for the public record request described above. The Town will apply this to the production of records in accordance with the 2018 Settlement Agreement. You should be able to view your original request at the following link: http://www2.gulf-stream.org/weblink/0/doc/159047/Page1.aspx Your request is nearly identical to a request you made in April 2019, labeled by the Town as GS #2704 and which is currently the subject of a lawsuit you have filed against the Town. This request is different in one respect, in that it seeks all records that “emanate” from a specific incident. As stated on the record by the Town’s lawyer at the June 21, 2019 hearing before the Honorable Judge Scott Kerner, the word “emanate” is not sufficient for the Town to identify the records responsive to your request. In interpreting this request, the Town believes the records you are seeking are those responsive to GS # 2704 and those additional records that will be provided to you by July 10, 2019 in accordance with the anticipated Order resulting from the June 21, 2019 hearing before the Honorable Judge Scott Kerner, in which the Town will provide records that (1) mention or refer to Martin O’Boyle and (2) either mention or refer to the September 22, 2015, incident at Town Hall or to the subsequent criminal trial (State of Florida v. Martin E. O’Boyle, Case No: 2015MM012872AXX). If you seek additional records that are not within the scope of the records previously provided, or that will be provided in response to the anticipated Order by Honorable Judge Scott Kerner, please let us know and we will be happy to provide you with the records you seek. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records .pdf GS#273~1.pdf GS #2735 (emanate from the episode at the Gulf Stream Town hall)_intake.pdf application/pdf 56E6A185832D644D8672BE6B0849E84B@namprd16.prod.outlook.com EnUsRenee – to avoid any ambiguities, the following is inserted after the word response in the 5 day notice: “providing delivery of all of the responsive records (with the appropriate back up information for (e.g.: redactions, withheld records, etc.)); or denying the request.” Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: Marty O'Boyle Sent: Tuesday, July 9, 2019 7:27 AM To: 'Renee Basel' <rbasel@gulf-stream.org> Cc: 'Michelle Melicia (mmelicia@commerce-group.com)' <mmelicia@commerce-group.com> Subject: FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Renee – I make reference to the request as recited in the attached. Having not heard from you, please allow this correspondence to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days we will institute a formal legal action against you. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: HYPERLINK "mailto:meo@commerce-group.com"meo@commerce-group.com Web Page: HYPERLINK "http://www.commerce-group.com"www.commerce-group.com From: Marty O'Boyle Sent: Friday, July 5, 2019 3:36 PM To: 'Renee Basel' <HYPERLINK "mailto:rbasel@gulf-stream.org"rbasel@gulf-stream.org> Cc: 'Michelle Melicia (HYPERLINK "mailto:mmelicia@commerce-group.com"mmelicia@commerce-group.com)' <HYPERLINK "mailto:mmelicia@commerce-group.com"mmelicia@commerce-group.com> Subject: FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Renee – I am struggling to understand the content of your attached letter. Please let me know PROMPTLY if you are refusing to fulfill the request because of the word “emanate”? Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: HYPERLINK "mailto:meo@commerce-group.com"meo@commerce-group.com Web Page: HYPERLINK "http://www.commerce-group.com"www.commerce-group.com From: Renee Basel <HYPERLINK "mailto:RBasel@gulf-stream.org"RBasel@gulf-stream.org> Sent: Friday, July 5, 2019 3:23 PM To: Marty O'Boyle <HYPERLINK "mailto:meo@commerce-group.com"meo@commerce-group.com> Subject: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Good afternoon, Mr. O’Boyle: See attached correspondence. Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax HYPERLINK "http://www.gulf-stream.org/"www.gulf-stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. message/rfc822 190FA7803CEA5B4393160C4F131B9A59@namprd09.prod.outlook.com EnUsDear Ms. Basel-thank you for your email below and thank you for your letter of July 10, 2019 which accompanied that email. Please see the attached email. The content of that email "stands! As applies to the Towns "fussing" over what emanate means, your counsel should not have any problem understanding the meaning of the word, as it is a widely used term used by, likely, every Supreme Court in the United States. Further, in this regard, your counsel, Mr. Gil, is an exceedingly great lawyer emanating from a firm with multiple and even more multiple "outstanding" lawyers, one of which, you would think, would have used the word emanate in their life as a lawyer or who would know what it means. I query if Mr. Gil has polled all the other lawyers in his firm, including, other resources he has available, primarily Jones Foster, the Town's other firm. You might want to check in and see whether he did that. Look, I’m hoping that we (including the Town’s lawyers) are all looking to avoid a litigation.. Following, the Town knows what emanate means as well, since they have dealt with it on multiple times in the past. Ironically, it appears that they dealt with it, without litigation without fuss, knowing what it meant, until Mr. Gil came along. Interesting. Considering the above, Ms. Taylor this is where you come in. You are the custodian of record. You have an obligation to fill the request or to deny the request timely and in good faith. The request is simple. In closing, is the town going to fulfill the request or deny it. You are on notice. Please promptly advise. PS: Ms. Basel in the above letter, states that if we want additional records, other than in Judge Kerner's Order, we should state with they are. Responding to the above, I cannot put myself in a position where I could be held accountable by not telling the town all the places to look. That said, and without waiving any of our rights or modifying the request, let me suggest that the town provide the records as in the proposed order submitted by Jonathan O'Boyle. As another example, your counsel stated that the text messages which were attached to your response were gratuitous and not responsive. We believe that that (text) record and all others (including those on the multiple pages attached to the Complaint) which discuss the pending case which emanated from the September 22 event. Again, the request stands. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: Renee Basel <RBasel@gulf-stream.org> Sent: Wednesday, July 10, 2019 4:37 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Good afternoon, Mr. O’Boyle: See attached correspondence. Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax HYPERLINK "http://www.gulf-stream.org/"www.gulf-stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.